38. Non-Solicitation

95 DOS 92 Matter of DOS v. Laffey - mistake as to location where Penny Saver with advertisement was distributed - any violation is "serious" - here occurred due to negligence - $150 fine or 1-month suspension

72 DOS 92 Matter of DOS v. Crisafi - direct mail advertising to residence; reprimand of fledgling sales associate; $300 fine or 3-month suspension of other sales associate

93 DOS 92 Matter of DOS v. Evans - door hanger notice of "open house" in n/s/o/ area, offering to answer questions about real estate; reprimand

18 DOS 93 DOS v. Kantor - posting of "sold" sign added to "for sale" signs violates n/s/o

64 DOS 93 Matter of Laffey - distribution of Penny Saver violates non-solicitation order; advertisements did not contain language limiting the areas in which free appraisals were offered; negligence is incompetency, not untrustworthiness; representative broker fails to supervise; pleading amended to conform to proof; each advertisement constitutes a separate and distinct violation

109 DOS 93 Matter of DOS v. Kiernan - pennysaver ad offering free appraisal violates non-solicitation order; $300 fine or 1-month suspension

114 DOS 93 Matter of DOS v. Cafarella - pennysaver ad (delivered to DOS officer Joe Amello) and card offering free "market analysis" violated non-solicitation order $600 fine or 1-month suspension

CRC #409 Matter of DOS v. Heinemann, Consent Order - advertising of "free appraisals" in "The Real Estate Book" which was expected to be distributed in a non-solicitation area, violates non-solicitation order; $3,000 fine

138 DOS 93 Matter of DOS v. 7119 Real Estate - non-solicitation order violated by free "Harmon Homes" publication; DOS fails to prove "take the oriental express" was violation of 175.17(a) blockbusting or an expression of an ethnic limitation; failure to supervise by representative broker; corporate licensee vicariously liable for acts of representative broker

1438 DOS 07 Matter of Assaf- cease and desist as to person regularly engaged in trade of buying and selling real estate; prior violation of cease order with $150 fine; inadequate procedures; $500 fine

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Fourth quarter Legal Lines now available

The fourth quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers new DOS proposed regulations, emotional support animals in housing, Landlord discrimination and more. Learn more